Ofcom Broadcast Bulletin Issue number 264 20 October 2014 1 Ofcom Broadcast Bulletin, Issue 264 20 October 2014 Contents Introduction 4 Note to Broadcasters 6 Standards cases In Breach Property Show Bangla TV, 15 May 2014, 10:00 7 Ami r Ma Bangla TV, 10 June 2014, 17:30 11 Azan-e-Magrib Bangla TV, 7 July 2014, 21:00 15 Studio 66 3 Nights Studio 66 TV3, 4 June 2014, 22:15 18 Studio 66 Nights Studio 66 TV1, 6 June 2014, 01:45 22 Radio 1’s Big Weekend BBC Radio 1, 24 May 2014, 17:15 to 18:45 26 World’s Craziest Fools BBC3, 30 June 2014, 19:00 30 Jeeto Pakistan ARY Entertainment, 18 May 2014, 21:00 33 Resolved The Wright Stuff Channel 5, 19 August 2014, 09:15 38 Broadcast Licence Conditions cases In Breach Providing a service in accordance with ‘Key Commitments’ TCR FM (Tamworth) 41 Not In Breach Providing a service in accordance with Format Capital Xtra (Brixton & North London), October 2013 to date 43 2 Ofcom Broadcast Bulletin, Issue 264 20 October 2014 Investigations Not in Breach 49 Complaints Assessed, Not Investigated 50 Investigations List 57 3 Ofcom Broadcast Bulletin, Issue 264 20 October 2014 Introduction Under the Communications Act 2003 (“the Act”), Ofcom has a duty to set standards for broadcast content as appear to it best calculated to secure the standards objectives1. Ofcom must include these standards in a code or codes. These are listed below. Ofcom also has a duty to secure that every provider of a notifiable On Demand Programme Services (“ODPS”) complies with certain standards requirements as set out in the Act2. The Broadcast Bulletin reports on the outcome of investigations into alleged breaches of those Ofcom codes below, as well as licence conditions with which broadcasters regulated by Ofcom are required to comply. We also report on the outcome of ODPS sanctions referrals made by ATVOD and the ASA on the basis of their rules and guidance for ODPS. These Codes, rules and guidance documents include: a) Ofcom’s Broadcasting Code (“the Code”). b) the Code on the Scheduling of Television Advertising (“COSTA”) which contains rules on how much advertising and teleshopping may be scheduled in programmes, how many breaks are allowed and when they may be taken. c) certain sections of the BCAP Code: the UK Code of Broadcast Advertising, which relate to those areas of the BCAP Code for which Ofcom retains regulatory responsibility. These include: the prohibition on ‘political’ advertising; sponsorship and product placement on television (see Rules 9.13, 9.16 and 9.17 of the Code) and all commercial communications in radio programming (see Rules 10.6 to 10.8 of the Code); ‘participation TV’ advertising. This includes long-form advertising predicated on premium rate telephone services – most notably chat (including ‘adult’ chat), ‘psychic’ readings and dedicated quiz TV (Call TV quiz services). Ofcom is also responsible for regulating gambling, dating and ‘message board’ material where these are broadcast as advertising3. d) other licence conditions which broadcasters must comply with, such as requirements to pay fees and submit information which enables Ofcom to carry out its statutory duties. Further information can be found on Ofcom’s website for television and radio licences. e) rules and guidance for both editorial content and advertising content on ODPS. Ofcom considers sanctions in relation to ODPS on referral by the Authority for Television On-Demand (“ATVOD”) or the Advertising Standards Authority (“ASA”), co-regulators of ODPS for editorial content and advertising respectively, or may do so as a concurrent regulator. Other codes and requirements may also apply to broadcasters and ODPS, depending on their circumstances. These include the Code on Television Access Services (which sets out how much subtitling, signing and audio description relevant 1 The relevant legislation is set out in detail in Annex 1 of the Code. 2 The relevant legislation can be found at Part 4A of the Act. 3 BCAP and ASA continue to regulate conventional teleshopping content and spot advertising for these types of services where it is permitted. Ofcom remains responsible for statutory sanctions in all advertising cases. 4 Ofcom Broadcast Bulletin, Issue 264 20 October 2014 licensees must provide), the Code on Electronic Programme Guides, the Code on Listed Events, and the Cross Promotion Code. It is Ofcom’s policy to describe fully the content in television, radio and on demand content. Some of the language and descriptions used in Ofcom’s Broadcast Bulletin may therefore cause offence. 5 Ofcom Broadcast Bulletin, Issue 264 20 October 2014 Note to Broadcasters Broadcasting Code: non-geographic numbers in programming On 10 October 2014, Ofcom published its consultation on proposed amendments to the Broadcasting Code about the use of non-geographic numbers in programming. Broadcasters currently use non-geographic numbers for a variety of purposes including for audience interaction in live programmes. In June 2015 certain non- geographic numbers (specifically the 084, 087, 09 and 118 number ranges) will be subject to a new tariff structure (‘the unbundled tariff’) that requires specific pricing information to be given to audiences. Accordingly we have proposed amendments to the Broadcasting Code to ensure that call costs continue to be made clear to listeners and viewers. Our consultation on the proposed amendments to the Broadcasting Code closes on 21 November 2014 and can be found here: http://stakeholders.ofcom.org.uk/consultations/ngn-broadcasting Broadcasters should note that, until Ofcom has issued the revised rules, the current Code rules remain in force. 6 Ofcom Broadcast Bulletin, Issue 264 20 October 2014 Standards cases In Breach Property Show Bangla TV, 15 May 2014, 10:00 Introduction Bangla TV is a news and general entertainment channel broadcast in Bengali and serving a Bangladeshi audience. The licence for Bangla TV is held by Bangla TV (UK) Ltd (“Bangla TV” or “the Licensee”). Property Show was a one-hour studio discussion programme, with a presenter and guests answering questions sent in by viewers via a telephone number displayed on screen from time to time. We received a complaint stating that a representative of the programme’s sponsor, Prime Estate Agents, appeared in the programme. As the programme was in Bengali, we commissioned an independent translation of it and the surrounding broadcast material. Ofcom noted that, in the lead-up to the programme, an advertisement for Prime Estate Agents was shown. As translated, the advertisement stated: On-screen text: “Prime Estate Agents. Lettings Sales. We don’t have any branches anywhere. Call for your free property valuation. [telephone number and website address given]”. Voiceover: “Are you a landlord? Then we have good news for you. The service boundary of Prime Estate Agents is now up to the London M25. Prime Estate Agents have professional qualification and client Money Protection Insurance”. 1st Customer: “We are with Prime Estate Agents for the last 7 years”. On-screen text: “Prime Estate Agents. Hassle free Rent Guarantee. Even if your property is Empty”. Voiceover: “We are ARLA members. We have a rent guarantee”. 2nd Customer: “Excellent service”. 3rd Customer: “Absolutely”. Voiceover: “Call free for your FREE property valuation. Prime Estate Agents, [telephone number given]”. An advertisement for an unconnected company was then shown, followed by a Bangla TV station ident, a graphic stating “Now – Property Show” and, in audio, “Sponsored by”. The Prime Estate Agents advertisement was then repeated in the position of a sponsorship credit. 7 Ofcom Broadcast Bulletin, Issue 264 20 October 2014 The show itself featured a host and two expert commentators. One of the experts was Mr Kazi Arif of Prime Estate Agents who had featured prominently in the company’s advertisement/sponsorship credit shown before the start of the programme. Section Nine of the Code states that any reference to a sponsor that appears in a sponsored programme (with the exception of the sponsorship credits themselves) as a result of a commercial arrangement with the broadcaster, the programme maker or a connected person will be treated as product placement.1 We considered the programme and its sponsorship credits to raise potential issues under the following Code rules: Rule 9.12: “Product placement is not permitted in the following:… (b) Consumer advice programmes...” Rule 9.22: “Sponsorship credits must be distinct from advertising. In particular: (a) Sponsorship credits broadcast around sponsored programmes must not contain advertising messages or calls to action. Credits must not encourage the purchase or rental of the products or services of the sponsor or a third party. The focus of the credit must be the sponsorship arrangement itself. Such credits may include explicit reference to the sponsor's products, services or trade marks for the sole purpose of helping to identify the sponsor and/or the sponsorship arrangement”. Ofcom therefore requested comments from the Licensee about how the programme material complied with Rules 9.12(b) and 9.22(a). Response The Licensee told us that it accepted that it had breached the Code. The breaches were a mistake on its part, Bangla TV said, brought about by a failure by the person responsible to understand the rules. The Licensee said that it took this matter very seriously and had arranged a day’s compliance training by an experienced external consultant. Those attending the training had included senior members of staff. The Licensee added that this training would be continued. Bangla TV said that it, “…will make sure no such mistake occurs again”. Decision Under the Communications Act 2003 (“the Act”), Ofcom has a statutory duty to set standards for broadcast content as appear to it best calculated to secure a number of standards objectives.